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HomeMy WebLinkAbout20091073 Ver 1_Information Letter_20100215 Permit Class NEW Number STATE OF NORTH CAROLINA `S1@ Department of Environment and Natural Resources 0 and lce9 Coastal Resources Commission "0/0 Vermit wq ASH for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of "Transportation, 113 Airport Drive, Suite 100, Edenton, NC 27932 Authorizing development in Gates County at Trotman Creek, Bridge No. 32 on SR 1100 , as requested in the permittee's application dated 9/28/09, including the attached workplan drawings (3) dated June 2009. This permit, issued on 12/7/09 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. TIP No. B-4520, Bridge Replacement 1) In order to protect anadromous fisheries resources in Trotman Creek, no in-water work shall be conducted between February 15 to June 15 of any year without prior approval of the N.C. Division of Coastal Management (DCM), in consultation with the N.C. Wildlife Resources Commission. For the purposes of this moratorium, in-water is defined as those areas that are inundated at normal water level, including the waters or contiguous inundated wetlands of Trotman Creek. 2) The permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream Crossing Guidelines for Anadromous Fish Passage. 3) No vegetated wetlands or waters of the State shall be excavated, without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on No expiration date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. James fl. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee 1 ( v13 N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #150-09 Page 2 of 5 4),,.-,- 'Turbidity curtains and silt fences shall be used to isolate all work areas from Trotman Creek, including pile installation and removal, placement of riprap, excavation or filling within or adjacent to wetlands or waters of the State. The turbidity curtains shall be installed parallel to the banks on each side of the creek. The turbidity curtains shall extend past the construction limits and be attached to the silt fences containing the work site. The turbidity curtains shall be of sufficient length and effectiveness to prevent a visible increase in the amount of suspended sediments in adjacent waters. The turbidity curtains shall not fully encircle the work area or extend across Trotman Creek. The turbidity curtains shall be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 5) In accordance with the attached permit application and workplan drawings, the installation of riprap shall not result in the fill, excavation or disturbance of any wetlands or waters of the State, without permit modification. 6) Material excavated may be used in fill areas associated with the project or shall be removed from the site and taken to a high ground location. 7) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. , 8) The temporary placement and double handling of any excavated or fill material within waters or vegetated wetlands is not authorized. This condition also applies to the removal of the existing bridge, roadway asphalt and associated materials. 9) 10) 11) 12) 13) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill areas as indicated on the attached workplan drawings, without permit modification. All fill material shall be clean and free of any pollutants except in trace quantities. Live concrete shall not be allowed to contact the water in or entering into Trotman Creek, or the adjacent wetlands. Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State The bridge shall be constructed using top down construction methodologies with an off site detour. Any other construction method may require additional authorization from the Division. 14) Unless specifically altered herein, the N.C. Department of Transportation's (NCDOT's) document "Best Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during both demolition and construction activities. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #150-09 Page 3 of 5 15) Pilings from the existing bridge, as well as any remnant pilings from previous bridges, shall be removed in their entirety, except that in the event that a piling breaks during removal and cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body, and DCM shall be notified of each occurrence within one working day. 16) The installation of the piles for the bridge shall be accomplished by pile driving and/or the use of a vibratory hammer. Should the permittee and/or its contractor propose to utilize another type of pile installation, such as jetting or drilled shaft construction, additional authorization from DCM shall be required. 17) All materials and debris associated with the removal and/or construction of the existing and/or new bridge, roadway and associated materials, shall not enter wetlands or Waters of the State, even temporarily. Any such material shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. 18) The permittee did not propose the use of deck drains in the permit application package. Any future proposal to utilize deck drains shall require additional authorization from DCM. Impacts to Wetlands and Waters of the State and Mitigation NOTE: This project will permanently impact approximately 0.24 acres of bottomland hardwood swamp due to fill. This project will temporarily impact approximately 0.24 acres of bottomland hardwood swamp due to hand clearing. NOTE: In accordance with the Ecosystem Enhancement Program (EEP) letter dated 10/20/09, compensatory mitigation for permanent impacts of 0.206 acres of riparian wetlands associated with the authorized project shall be provided by the EEP. 19) In accordance with the attached permit application and workplan drawings, the permittee shall restore approximately 0.034 acres of bottomland hardwood swamp on-site by removing approximately 20 to 30 linear feet of existing causeway fill material and grading the wetland restoration area to correspond with the adjacent wetland elevation. 20) Fill slopes in wetlands shall be 3:1 or steeper. 21) There shall be no clearing of wetlands outside of the areas indicated on the attached workplan drawings without prior approval from the Division. 22) Wetland areas to be temporarily impacted by clearing shall not be grubbed. 23) Wetlands shall not be crossed in transporting equipment to the project site, without prior approval from the Division. N.C. Department of Transportation ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit #150-09 Page 4 of 5 24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence, diversion swales or berms, etc.). 25) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of Land Resources. 26) The permittee shall follow "Best Management Practices for the Protection of Surface Waters". 27) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Stormwater Management 28) The N.C. Division of Water Quality (DWQ) confirmed in an e-mail dated 11/17/09 that the subject project is excluded from State Stormwater permitting requirements as set forth in Section 2(d)(1) of Session Law 2008-211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC 2H .1 000, as amended. 29) This project shall conform to all requirements of the N.C. Department of Transportation's (NCDOT's) National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. General 30) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work following completion of construction activities. 31) The permittee shall exercise all available precautions in the day-to-day operation of the facility to prevent waste from entering the adjacent waters and wetlands. 32) If it is determined that additional permanent and/or temporary impacts (such as but not limited to temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM shall be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 33) Development authorized by this permit shall only be conducted on lands owned by the N.C. Department of Transportation and/or its Right-of-Ways and/or easements. 34) The permittee. and/or his contractor shall contact the DCM Transportation Field Representative in Elizabeth City at (252) 264-3901 to request a preconstruction conference prior to project initiation. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #150-09 Page 5 of 5 35) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 11/30/09 (DWQ Project No. 09-1088) under General Water Quality Certification No. 3704. Any violation of the Certification approved by DWQ shall be considered a violation of this CAMA permit. NOTE: The permittee is advised to contact the Gates County Water Department at 252-287-5957 to determine precise locations and coordinate that construction does not affect utility piping or services to customers. NOTE: Any replacement or relocation of water mains will require plans and specifications to be submitted to the N.C. Division of Environmental Health Public Water Supply Plan Review Section for review and approval prior to construction. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 14 (COE Action 1D No. SAW-2009-01869), which was issued on 10/21/09. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required.